Legal Question in Wills and Trusts in India
probate
my father died without leaving a will. 5 years later my younger prother produced a will saying it was my fathers will and he is leaving all property to him solely.the will is witnessed by two of his childhood friends . the handwiting seems genuine but the witnesses are not since my father detested the two of them. He has given this will for probate. how are we to prove that this will is false. He is sitting on the property.he has padlocked the front gate and sets two ferocious dogs on any of us who tries to enter my fathers house. He is sitting /has destroyed all fathers files. the will is dated 16 years old ,10 years before he died and is not the last will.Please help or he will deprive us all of our share.
2 Answers from Attorneys
Re: probate
If you can prove that Will is not genuine than file petition challenging the Will.
Re: probate
File a petition challenging the will as an obstructor. Also file a application for access rights to the property.
Somehow you got to prove that will is either not genuine or forced will or this is not the last will, etc.